A Justice of the Peace for Hall County hears small claims court cases for Hall County.
Can I file my small claims case in Hall County?
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Types of Small Claims Cases
Most cases for the recovery of money can be heard in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours. Hall County Small Claims Court cases are heard in 2 courthouses in Hall County.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Hall County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Hall County. We recommend calling the clerk’s office to ensure the courthouse is open. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. The court has no authority to issue an injunctive or equitable award. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. You could only ask the court for an award of money.
Hall County Court Locations
Precincts 1, 2 & 3 Courthouse in the City of Memphis
This courthouse is located at:512 W Main St, Ste 3 Memphis, TX 79245-3343
This courthouse handles cases for Precincts 1, 2 & 3. The phone number for the court is (806)259-3116. And you can email the court by clicking here.
Precinct 4 Place 1 Courthouse in the City of Turkey
This courthouse is located at:P O Box 37 Turkey, TX 79261
This courthouse handles cases for Precinct 4 Place 1. The phone number for the court is (806)683-7072. And you can email the court by clicking here.